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Madras High Court · body

2010 DAILYLAW 5731 (MAD)

Krishnaveni v. Poliah @ Ramakrishnan Naidu

CMP/2862/2022 · 2026-06-05

R Sakthivel

Transfer Petitionbody2010

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SA No. 1047 of 2010 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-06-2026 CORAM THE HON'BLE MR.JUSTICE R.SAKTHIVEL CMP.Nos.2862, 2866 & 2870 of 2022 IN SA No. 1047 of 2010 In all CMP’s 1.Krishnaveni (deceased) 2.Jayakumar, S/o.Lakshnipathy, No.5A, Second Street, Thiruvalluvar Nagar, Thirumullaivoyal, Chennai – 600 062. .. Petitioners/Appellants 3.C.Rajinibabu, W/o.M.Chandrababu, 18, G1, 6th Street, Thiruvallur Nagar, Thirumullaivoyal, Chennai – 600 062. .. Petitioner /Proposed Appellant Vs 1. Poliah @ Ramakrishnan Naidu S/o. Sanjevi, Kosavampalayam, hamlet of chinnanur Village, and firka Poonamallee. 2. Ramesh S/o. Munusamy Naidu, Kosavampalayam, Hamlet of chinnanur Village, and firka Poonamallee. 3. Nagarajammal W/o. Jaganathan, Kosavampalayam, Hamlet of chinnanur Village and firka Poonamallee. 4. Minor. Nandhini Minor represented by mother and natural guardian Nagarajammal, Kosavampalayam, https://www.mhc.tn.gov.in/judis SA No. 1047 of 2010 __________ Page2 of 5 Hamlet of chinnanur Village and firka Poonamallee. 5. Minor. Premkumar Minor represented by mother and natural guardian Nagarajammal, Kosavampalayam, Hamlet of chinnanur Village and firka Poonamallee. 6. Rajnidevi D/o. Lakshmipathi, W/o. Chandrababu, Kosavampalayam, Hamlet of chinnanur Village and firka Poonamallee. .. Respondent(s)/ Respondents Prayer in CMP No.2862 of 2022 Civil Miscellaneous Petition filed under Order XXXII Rule 12 of Code of Civil Procedure, 1908, praying to declare the fourth and fifth respondents in S.A.No.1047 of 2010 as Majors. Prayer in CMP No.2866 of 2022 Civil Miscellaneous Petition filed under Order XXXII Rule 12 of Code of Civil Procedure, 1908, praying to discharge the guardian of respondent Nos.4 and 5 in S.A.No.1047 of 2010. Prayer in CMP No.2870 of 2022 Civil Miscellaneous Petition filed under Order XXII Rule 3 of Code of Civil Procedure, 1908, praying to bring on record the third petitioner herein as Legal Representative of deceased 1st appellant and array them as appellant in S.A.No.1047 of 2010. For Petitioners in all CMP.Nos.: Ms.M.Saranya for Mrs.V.Srimathi For R1 to R5 in all CMP.Nos.: Mr.K.P.Suresh Kumar https://www.mhc.tn.gov.in/judis SA No. 1047 of 2010 __________ Page3 of 5 Order The Civil Miscellaneous Petition in C.M.P.No.2862 of 2022 has been filed under Order XXXII Rule 12 of Code of Civil Procedure, 1908, praying to declare the fourth and fifth respondents in S.A.No.1047 of 2010 as Majors. 2. The Civil Miscellaneous Petition in C.M.P.No.2866 of 2022 has been filed under Order XXXII Rule 12 of Code of Civil Procedure, 1908, praying to discharge the guardian of respondent Nos.4 and 5 in S.A.No.1047 of 2010. 3. The Civil Miscellaneous Petition in C.M.P.No.2870 of 2022 has been filed under Order XXII Rule 3 of Code of Civil Procedure, 1908, praying to bring on record the third petitioner herein as Legal Representative of deceased 1st appellant and array them as appellant in S.A.No.1047 of 2010. 4. Heard Ms.M.Saranya representing Mrs.V.Srimathi, Counsel on record for the petitioners and Mr.K.P.Suresh Kumar, Counsel on record for the Respondent Nos.1 to 5. 5.Counsel on record for the Respondent Nos.1 to 5 has no objection for these Civil Miscellaneous Petitions being allowed. https://www.mhc.tn.gov.in/judis SA No. 1047 of 2010 __________ Page4 of 5 6. This Court has perused the case files. 7. Having satisfied with the reasons stated in the accompanying affidavits, (i) the Petition in C.M.P.No.2862 of 2022 is allowed and declared the fourth and fifth respondent in S.A.No.1047 of 2010 as Majors. (ii) the Petition in C.M.P.No.2866 of 2022 is allowed and discharged the respondent No.3 in S.A.No.1047 of 2010 from guardianship. (iii) the Petition in C.M.P.No.2870 of 2022 is allowed and the third petitioner herein is brought on record as legal representative of deceased 1st appellant and array them as appellant in S.A.No.1074 of 2010. 8. Registry is directed to carry out necessary amendment in the cause title in the Memorandum of Grounds of Appeal and list S.A.No.1047 of 2010 on 07.07.2026. 05-06-2026 AH https://www.mhc.tn.gov.in/judis SA No. 1047 of 2010 __________ Page5 of 5 R.SAKTHIVEL, J. AH SA No.1047 of 2010 05-06-2026 1/2 https://www.mhc.tn.gov.in/judis SA No. 1047 of 2010 __________ Page6 of 5 https://www.mhc.tn.gov.in/judis